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Tag: Anti Slapp

Texas anti-SLAPP does not encompass a motion for sanctions alleging discovery abuse

Can a motion for sanctions be dismissed under the Texas anti-SLAPP, TCPA law? The law was amended by the 2019 legislature effective Sept. 1, 2019. The new law excludes procedural actions or motions. But what about cases filed before Sept. 1, 2019? The court here found that the Texas anti-SLAPP, TCPA, can’t be used to dismiss a motion for sanctions.

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How Much Discovery Is Too Much Discovery In A Texas anti-SLAPP Case

When a Texas anti-SLAPP motion to dismiss has been filed, all proceedings in the trial court, including discovery, or stayed. The trial court can allow “specified and limited” discovery that is relevant to the motion to dismiss if “good cause” is shown. Comprehensive discovery is not allowed, but the plaintiff must be armed with “clear and specific” evidence of each essential element of every single claim challenged. Thus, discovery must be sufficiently broad to cover all essential elements of all of the challenged claims, even if it could be later determined that some of the claims did not fall within the TCPA. 

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When The Judge Fails To Rule – Contrast Between Rule 91a And The Texas anti-Slapp Statute

The consequences of a judge’s failure to rule on a motion to dismiss are different between the Texas anti-SLAPP, TCPA, statute and Rule 91a. Under the TCPA, a failure to rule is considered a denial of the motion from which an interlocutory appeal may be filed. Under Rule 91a, a failure to rule is just that, a non-ruling. There is no appealable order if the trial court hasn’t ruled on the Rule 91a motion. A petition for writ of mandamus may be filed to force the trial court to rule but until he rules, there is no appealable order.

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The Texas anti-SLAPP, TCPA, Law Applies to Lawyer Discipline

The Texas anti-SLAPP, TCPA, law applies to lawyer discipline cases brought by the State Bar but the elements of a cause of action that the State Bar must prove to avoid the law are easy to prove in step two of the process.
The dissent said that the TCPA “has become a barrier to disciplining lawyers.” It has not. New things are scary but like we would tell our client, Mr. Craddock, just do what you’re supposed to do under the law and everything will be alright.

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Robert Ray

Robert Ray is an attorney who handles cases throughout Texas. The principle office is in Lantana, Texas (DFW area). He is Board Certified by the Texas Board of Legal Specialization in Personal Injury Trial law.

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